Bombay High Court
Kotak Mahindra Bank Limited vs Samapti Singh W/O Shri Bhanu Pratap ... on 6 May, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
1 901 ia 639-20 in comexl 191-20-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.639 OF 2020
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.191 OF 2020
Kotak Mahindra Bank Limited ... Applicant
Vs.
Samapti Singh w/o
Shri Bhanu Pratap Singh and anr. ... Respondents
-------
Ms. Bijal Gogri i/by M/s O M Gujar Law Chambers, Advocate for the
Applicant.
None for the Respondents.
-------
CORAM : ABHAY AHUJA, J.
DATE : 06 MAY, 2024.
P.C. :
1. This Interim Application seeks execution of arbitral award dated 3 rd
March, 2018 for Rs.60,96,098/- alongwith interest and cost.
2. Ms. Bijal Gogri, learned counsel appears for the Applicant and
submits that no payment has been made till date. That the Respondents
were attempted to be served, but they had refused to accept the service,
therefore, this Court grant disclosure in terms of prayer clauses (b) and
(g) which read thus:-
Digitally
signed by
PRIYA
PRIYA RAJESH
RAJESH SOPARKAR
SOPARKAR Date:
2024.05.07
10:55:04
+0530
"(b) That the Respondent No.1 and Directors of
Respondent No.2 above named be required by an order
Priya R. Soparkar 1 of 3
2 901 ia 639-20 in comexl 191-20-os.doc
of this Hon'ble Court to file their Affidavit disclosing
particulars of their unencumbered /encumbered
properties, movable assets including the hypothecated
asset, bank accounts, debtors lists etc. as provided under
Order 21 Rule 41 of the Code of Civil Procedure, 1908
since the Decree Award dated 03/03/2018 passed by the
Learned Arbitral Tribunal has remained unsatisfied for
more than 90 days from the date of its passing : c) The
Judgment Debtor/ Respondent No.1 and Directors of
Judgment Debtor/ Respondent No.1 as described in
paragraph 3 be orally examined as to whether there is any
debt or what debts are owing to the Judgment Debtors
and wether the judgment debtors have any or what other
properties or means of satisfying the decretal claim.
(g) That the Respondent be directed to disclose
their means on affidavit for satisfying the decree of the
Applicant-Claimants under execution as per section 51 of
the Code of Civil Procedure."
3. It is observed that none appears for the Respondents and the service
is deemed to be effected as Respondents have refused to accept the
service.
4. Accordingly, this Court deems it appropriate to grant relief in
terms of prayer clauses (b) and (g) as above. Let the disclosures on oath
be made within a period of four weeks in terms of aforesaid prayers.
5. List on 4th July, 2024.
Priya R. Soparkar 2 of 3
3 901 ia 639-20 in comexl 191-20-os.doc
6. Let copy of this order be served upon the Respondents and let an
appropriate affidavit of service be filed.
(ABHAY AHUJA, J.)
Priya R. Soparkar 3 of 3
